FROM THE CONNECTICT GENERAL STATUTES ON THE SUBJECT OF
CHARTER REVISION...

Sec. 7-188.
Initiation of action for adoption, amendment or repeal of
charter or home rule ordinance. (a) Any municipality, in addition
to such powers as it has under the provisions of the general
statutes or any special act, shall have the power to (1) adopt and
amend a charter which shall be its organic law and shall supersede
any existing charter, including amendments thereto, and all
special acts inconsistent with such charter or amendments, which
charter or amended charter may include the provisions of any
special act concerning the municipality but which shall not
otherwise be inconsistent with the Constitution or general
statutes, provided nothing in this section shall be construed to
provide that any special act relative to any municipality is
repealed solely because such special act is not included in the
charter or amended charter; (2) amend a home rule ordinance which
has been adopted prior to October 1, 1982, which revised home rule
ordinance shall not be inconsistent with the Constitution or the
general statutes; and (3) repeal any such home rule ordinance by
adopting a charter, provided the rights or benefits granted to any
individual under any municipal retirement or pension system shall
not be diminished or eliminated.

(b)
Any action pursuant to subsection (a) of this section shall be
initiated by a resolution adopted by a two-thirds vote of the
entire membership of the appointing authority of such
municipality, or by petition filed with the clerk of such
municipality for submission to the appointing authority and signed
by not less than ten per cent of the electors of such
municipality, as determined by its last-completed registry list;
provided, in the case of a consolidated town and city having a
town clerk and a city clerk, such petition shall be filed with the
city clerk.

(c)
No signature on any petition filed pursuant to subsection (b) of
this section shall be valid unless it has been obtained within
ninety days of the filing of the page of the petition on which it
appears. Any elector signing such a petition may cause his
signature to be removed at any time prior to the filing of such
petition with the clerk. The clerk with whom the petition is filed
shall proceed forthwith to determine its sufficiency by comparing
the signatures thereon with those contained in said registry list
and shall certify its sufficiency or insufficiency to the
appointing authority.

(d)
After a resolution has been so adopted by the appointing authority
or a petition has been so certified as sufficient, as the case may
be, the appointing authority shall not adopt any resolution
initiating such action and the clerk shall not accept any petition
for the initiation of such action until such time as the
commission appointed pursuant to such original resolution or
petition has been terminated.

History:
1959 act added home rule ordinance provisions; 1965 act provided
no signature is to be valid unless obtained within 90 days of
filing petition; P.A. 81-451 provided that no new home rule
ordinances should be adopted after October 1, 1982, and that no
new petition could be accepted until a commission appointed
pursuant to a previous petition had been terminated, effective
October 1, 1982; P.A. 84-153 amended Subsec. (d) to apply
provisions to resolutions and to clarify that only one commission
can exist at any time; P.A. 85-253 amended Subsec. (a) to replace
the word "revise" with the word "amend" and to add language
concerning inclusion of special acts in Subdiv. (1); P.A. 87-278
inserted the word "otherwise" in the phrase "shall not otherwise
be inconsistent" in Subsec. (a).

See
Sec. 7-328a re home rule action.

Cited.
140 C. 517. Home rule, so far as it relates to charter changes,
may be exercised only in accordance with general statutes. 150 C.
24. Purpose behind act is to enable municipalities to draft or
amend charters without necessity of action by general assembly.
152 C. 423. As to method or procedure of assessment, the home rule
act, being later in time, takes precedence over any inconsistent
provisions in the Waterbury charter. Id. Act exhibits legislative
intent to add a new power to those which municipalities already
had without affecting existing powers. 152 C. 424. Cited. 178 C.
81. Cited. 180 C. 243. Cited. 182 C. 253. Cited. 188 C. 276.
Cited. 190 C. 736. Cited. 193 C. 1. Cited. 216 C. 112. Cited. 234
C. 513.

Cited.
37 CA 348.

Adoption
of municipal charter does not invalidate special acts prior
thereto establishing special districts. 28 CS 413. A charter
provision cannot repeal or nullify the general statutes. 31 CS
392.

Sec. 7-189. Form of
petition. (a) The form of the petition for adopting or amending a
charter or amending a home rule ordinance shall be as follows:
WARNING: ALL SIGNATURES SHALL BE IN INK OR INDELIBLE PENCIL. We,
the undersigned electors of the town, city or borough of (here
insert name of town, city or borough), hereby present this
petition under the provisions of section 7-188 requesting the
appointment of a commission for (insert one of the following: "The
adoption of a charter, the amendment of its charter, or the
amendment of its home rule ordinance", using such words as are
applicable) and we certify that we are electors of the town, city
or borough of .... residing at the addresses set opposite our
names and that we have signed this petition on the dates opposite
our names and not more than once. (Here follow the signatures,
dates and addresses.)

(b)
Each page of such petition shall contain a statement, signed under
penalties of false statement as defined in section 53a-157b, by
the person who circulates the same, setting forth such
circulator's name and address, and which shall be in the form as
follows: "Each person whose name appears on this page signed the
same in person in my presence and such person is known to me or
has satisfactorily identified himself to me." Any page of a
petition which does not contain such a statement by the circulator
shall be invalid.

(c)
Such petition may also include, immediately after the statement
provided in subsection (a) of this section, a list of general or
specific recommendations for consideration by such commission.

History:
1959 act added home rule ordinance provisions; 1965 act added
provision for placing date of signing on petition; P.A. 81-451
added Subsec. (b) concerning the statement of the circulator and
Subsec. (c) concerning recommendations for consideration by the
commission and revised wording of petition form in Subsec. (a),
effective October 1, 1982; P.A. 85-253 amended Subsec. (a) to
refer to amendments of charters and home rule ordinances rather
than to revisions.

Sec. 7-190. Commission:
Appointment, membership, duties, report, termination. (a) Within
thirty days after such action has been initiated by vote of the
appointing authority or by certification of a petition, the
appointing authority shall by resolution appoint a commission
consisting of not fewer than five nor more than fifteen electors,
not more than one-third of whom may hold any other public office
in the municipality and not more than a bare majority of whom
shall be members of any one political party, which commission
shall proceed forthwith to draft a charter, or amendments to the
existing charter, or amendments to the home rule ordinance, as the
case may be.

(b)
The appointing authority shall direct the commission to consider
those recommendations included in the petition and may make other
recommendations to the commission. The commission may also
consider other items for inclusion in the proposed charter, other
changes to the charter or home rule ordinance and such other items
as it deems desirable or necessary. The commission shall in its
reports comment on each recommendation which it has been directed
to consider, if any, and on such other changes or items. The
appointing authority shall specify by resolution when the
commission shall submit its draft report, which shall be not later
than sixteen months from the date of its appointment.

(c)
The commission shall terminate upon acceptance or rejection of its
final report by the appointing authority.

Sec. 7-191.
Charters, charter amendments and home rule ordinance amendments:
Hearings; draft and final report; public notice; referendum;
effective date; filing of copies with Secretary of the State; file
maintained by State Library. (a) The commission shall hold at
least two public hearings on the proposed charter, charter
amendments or home rule ordinance amendments; one prior to the
beginning of any substantive work on such charter, charter
amendments or home rule ordinance amendments, and one after the
draft report to the appointing authority has been completed, but
not submitted, after which hearings the commission may amend such
report. The commission may hold such other public hearings as it
deems necessary.

(b)
The commission shall submit its draft report, including the
proposed charter, charter amendments or home rule ordinance
amendments, to the clerk of the municipality, who shall transmit
such report to the appointing authority. The appointing authority
shall hold at least one public hearing on the draft report and
shall hold its last hearing not later than forty-five days after
the submission of the draft report to such clerk. Not later than
fifteen days after its last hearing, the appointing authority
shall make recommendations to the commission for such changes in
the draft report as it deems desirable.

(c)
If the appointing authority makes no recommendations for changes
in the draft report to the commission within such fifteen days,
the report of the commission shall be final and the appointing
authority shall act on such report. If the appointing authority
makes recommendations for changes in the draft report to the
commission, the commission shall confer with the appointing
authority concerning any such recommendations and may amend any
provisions of the proposed charter, charter amendments or home
rule ordinance amendments, in accordance with such
recommendations, or the commission may reject such
recommendations. In either case the commission shall make its
final report to the appointing authority not later than thirty
days after receiving such recommendations.

(d)
Not later than fifteen days after receiving the final report, the
appointing authority, by a majority vote of its entire membership,
shall either approve the proposed charter, charter amendments or
home rule ordinance amendments or reject the same or separate
provisions thereof. Not later than forty-five days after a vote of
the appointing authority to reject such matter, a petition for a
referendum thereon, signed by not less than ten per cent of the
electors of such municipality, as determined by the last-completed
registry list thereof, and filed and certified in accordance with
the provisions of section 7-188, may be presented to the
appointing authority. Not later than thirty days after approval by
the appointing authority or the certification of such a petition
(1) the proposed charter shall be published in full at least once
in a newspaper having a general circulation in the municipality,
or (2) the portion of the charter or home rule ordinance being
amended shall be published at least once in a newspaper having a
general circulation in the municipality with a notice that a
complete copy of the charter or home rule ordinance and amendment
is available in the town clerk's office and that a copy shall be
mailed to any person who requests a copy. The town clerk shall
mail or otherwise provide such copy to any person who requests a
copy.

(e)
The appointing authority shall, by a majority vote of its entire
membership, determine whether the proposed charter, charter
amendments or home rule ordinance amendments shall be submitted to
the electors for approval or rejection at a regular election or at
a special election warned and held for that purpose, which shall
be held not later than fifteen months after either the approval by
the appointing authority or the certification of a petition for a
referendum.

(f)
The proposed charter, charter amendments or home rule ordinance
amendments shall be prepared for the ballot by the appointing
authority and may be submitted in the form of one or several
questions; and, if approved by a majority of the electors of the
municipality voting thereon at a regular election or if approved
by a majority which number equals at least fifteen per cent of the
electors of the municipality as determined by the last-completed
active registry list of such municipality at a special election,
such proposed charter, charter amendments or home rule ordinance
amendments shall become effective thirty days after such approval
unless an effective date or dates are specified therein, in which
event the date or dates specified shall prevail.

(g)
Not later than thirty days after the approval by the electors of
any proposed charter, charter amendments or home rule ordinance
amendments, the town or city clerk shall file, with the Secretary
of the State, (1) three certified copies thereof, with the
effective date or dates indicated thereon, and (2) in the case of
the approval of charter or home rule ordinance amendments, three
certified copies of the complete charter or ordinance
incorporating such amendments. The Secretary of the State shall
distribute two copies, whether tangible or intangible in form, to
the State Library, where a file of such charters, charter
amendments and home rule ordinance amendments shall be kept for
public inspection.

History:
1959 act added home rule ordinance provisions and changed
"general" election to "regular" election; 1963 act specified
subject matter of mandatory hearing by commission and provided for
referendum re rejected matter on petition of electors; P.A. 75-358
made specific provisions re effective dates for charters, home
rule ordinances etc., re validations of actions of municipality or
its administrative agencies or officials; P.A. 77-196 required
filing with secretary of the state within 15 days rather than 7
days; P.A. 79-207 required two public hearings rather than one,
one before the substantive work and one after report is drafted
but before its submission; P.A. 81-451 divided section into
subsecs., clarified language of existing provisions, changed time
for hearing from 30 to 45 days after submission of draft report,
reduced the percentage of electors necessary to force a referendum
from 15% to %10, required that election be held within 15 months
rather than one year after approval or certification of petition
and provided that the appointing authority shall prepare the
ballot, effective October 1, 1982; P.A. 82-472 made technical
corrections; P.A. 83-188 made minor changes in wording of Subsec.
(b); P.A. 84-161 amended Subsec. (h) to provide for 30-day filing
period rather than 15-day period; P.A. 85-253 changed "revised
charter" to "charter amendments" and "revised home rule ordinance"
to "home rule ordinance amendments"; P.A. 87-387 added Subsec.
(h)(2) re filing requirements in the case of approval of charter
or home rule ordinance amendments; P.A. 96-134 added the word
"active" before "registry list of such municipality" in Subsec.
(f), effective May 29, 1996; P.A. 00-92 amended Subsec. (b) to
require hearing "not later than" 45 days "after the submission"
rather than former "within" 45 days "of the submission", and
throughout the section substituted "not later than" for "within";
P.A. 02-89 deleted as obsolete former Subsec. (g) re effective
date of any proposed charter, home rule ordinance or amendment or
repeal thereof approved at any election on or after November 5,
1974, and prior to July 1, 1975, and re the validation of actions
of a municipality or agency or official thereof taken prior to
July 1, 1975, under a previously effective charter or home rule
ordinance, and redesignated existing Subsec. (h) as Subsec. (g);
P.A. 03-99 amended Subsec. (d) to insert Subdiv. designators (1)
and (2), to delete requirement that charter or home rule ordinance
amendments be published in full and to provide that the portion of
the charter or home rule ordinance being amended be published and
that a copy be provided by the town clerk upon request; P.A.
07-227 added reference to tangible or intangible copies in Subsec.
(g), effective July 1, 2007.

See
Sec. 1-1c(b) for meaning of "special election warned and held or
called for that purpose".

See
chapter 152 (Sec. 9-369 et seq.) re holding of referenda.

Cited.
140 C. 517. Legislature intended procedure outlined in home rule
act to be a complete, self-contained method of amending charter of
a city irrespective of any existing charter provision. Home rule
act controls previously enacted special laws which are
inconsistent with it. Home rule so far as it relates to charter
changes may be exercised only in accordance with provisions of
general statutes. 150 C. 24. Amendment of charter of consolidated
city of Norwich to change tax and other provisions concerning its
districts pursuant to sections 7-188 through 7-194, held valid
when challenged by action for declaratory judgment by resident
taxpayer. 155 C. 573. Cited. 184 C. 30. Cited. 188 C. 276.
Interpretation of statute not unconstitutional. Id. Cited. 193 C.
1. Cited. 196 C. 623. Cited. 234 C. 513.

Sec. 7-191a.
Adoption of home rule ordinance. Any home rule ordinance in effect
on October 1, 1982, shall be part of the organic law of the
municipality and the special act superseded thereby and any other
special act relating to the government of such municipality
inconsistent therewith are repealed.

(1959,
P.A. 678, S. 6; P.A. 81-451, S. 6, 10.)

History:
P.A. 81-451 made ordinances in effect on October 1, 1982, a part
of municipality's organic law, replacing provision which had made
any home rule ordinance a part of organic law upon its adoption,
effective October 1, 1982.

Sec. 7-192. Existing
provisions not affected. Amendments to charters. Amendment or
revision of home rule ordinance. Supersedence of certain special
acts by municipal ordinance. Termination of certain parking
authorities and boards of health. (a) Every charter, special act
and home rule ordinance in effect on October 1, 1982, shall
continue in effect until repealed or superseded by the adoption of
a charter, charter amendments or home rule ordinance amendments in
accordance with this chapter, the provisions in any charter in
existence on said date governing revision or amendment to the
contrary notwithstanding. Nothing in this section shall prohibit
the adoption of a revised home rule ordinance or home rule
ordinance amendments by any method established in such home rule
ordinance if the provisions concerning such method were in effect
on July 15, 1959. Any municipality administering its local affairs
under the provisions of the general statutes or special acts
adopted prior to said date may continue to so administer its local
affairs until the electors of such municipality avail themselves
of the provisions of this chapter. Any municipality having as its
organic law a home rule ordinance or a revised or amended home
rule ordinance shall after any revision or amendment of such
ordinance publish, in a single document, any such home rule
ordinance and shall make such ordinance available at a nominal
cost to any member of the public.

(b)
Notwithstanding the provisions of subsection (a) of this section,
the provisions of any special act relative to the number of
holders of an office, or members of a board, commission,
department or agency of a municipality (1) which does not
administer its affairs under a charter, and (2) for which the
legislative body, as defined in section 1-1, is a town meeting may
be superseded by adoption of a municipal ordinance that is not
otherwise inconsistent with the Constitution of the state or the
general statutes.

(c)
Notwithstanding the provisions of subsection (a) of this section,
any consolidated town and city which (1) was consolidated in 1902,
(2) has a mayor and board of aldermen form of government, and (3)
has a population of more than one hundred thousand may terminate a
parking authority established by special act in such consolidated
town and city upon majority vote of the board of aldermen. The
clerk of any such consolidated town and city shall notify the
Secretary of the State of such termination not more than ten days
after such vote.

(d)
Notwithstanding the provisions of subsection (a) of this section,
any municipality which (1) was incorporated in 1784, (2)
administers its affairs under a charter and for which the
legislative body is a town meeting, and (3) has a population of
less than twelve thousand may terminate a board of health
established in the municipality by special act by adoption of an
ordinance that is not otherwise inconsistent with the Constitution
of the state or the general statutes.

History:
P.A. 81-451 transferred former provision concerning imposition of
taxes to Sec. 7-192a and added provisions concerning revision of
home rule ordinance by methods in effect prior to July 15, 1959,
and to publication of home rule ordinances, effective October 1,
1982; P.A. 85-253 amended section to refer to amendment of
charters and home rule ordinances rather than to their revision;
P.A. 92-172 amended section by designating Subsec. (a) and adding
Subsec. (b) re supersedence of special acts by municipal ordinance
not inconsistent with the state constitution or general statutes;
P.A. 03-256 made a technical change in Subsec. (b), added Subsec.
(c) re termination of a parking authority in a consolidated town
or city and added Subsec. (d) re termination of a board of health
in a municipality, effective June 26, 2003.

Legislature
intended procedure outlined in home rule act to be a complete,
self-contained method, not involving action by general assembly,
of amending charter of a city, irrespective of any existing
charter provision. Act confers no power on mayor to exercise a
veto. A construction which would import into these amendatory
proceedings the power of veto conferred on mayor by charter would
be inconsistent with procedure provided for in section 7-191. 150
C. 24. Cited. 155 C. 579. Cited. 171 C. 74. Retention of surplus
was not an unauthorized exercise of taxing power in violation of
statute. 178 C. 81. Charter provisions regarding consolidation
prevail over parallel provisions in home rule act. 179 C. 589.
Cited. 188 C. 276. Cited. 193 C. 1. Cited. 196 C. 623.

Members of the public
present on June 26 noted that if not for President
Failla's letter, correctly stating the start time of this
meeting, they would have come too early and left (FORUM
put on page one that the meeting began at 7:30pm!)..."LWV focusing on town
charter" (cut line in "Letters to the Editor" June 26, 2003
FORUM)

To the Editor:

The League of Women Voters of Weston is a
non-partisan political organization whose mission it is to
encourage the informed and active participation of citizens
in their government and to influence public policy through
education and advocacy. The league's men and women
believe that informed citizens are key to effective
government in a democracy.

One of the services we perform is the
attendance of town meetings by the Observer Corps.
Past President Lucy Bowden attended Charter Revision
Committee meeting last week. Former First Selectwoman
Helen Speck, a league members who was active in Weston until
her recent move, sent a letter to the commission, which was
included in the record. At the Charter Revision
Committee's public hearing on May 29, Past President Helen
De Keijzer presented testimony in behalf of the
league. Before the committee concludes its work, we
would like to share a few of the main points and to urge
citizens to attend the committee's next meeting, on
Thursday, June 26, 8pm.

The committee has been asked to focus on Town
Charter section 2.7, which addresses an essential need for
citizens to call into question and review important town
decisions. A clear mechanism for such citizen review
is a crucial feature of our town charter. Town
legislators, i.e., eligible voters, must continue to have
the power to ask that a town meeting be convened. Too
high a signature requirement may discourage voters from
exercising their right to petition town government and could
make the petition process ineffective.

To promote democracy and good governance, it is
essential for the Charter Revision Commission to establish
an appropriate balance between the right of citizens to call
for a review of town government decisions and the town's
need to check potential abuse of such a provision.
Safeguarding an appropriate and effective balance of power
is of the utmost importance.

To encourage voter participations at Weston's
Annual Town Budget Meetings, we recommended consideration of
charter revisions that would foster regular use of a means
of private voting as well as more flexibility for voter
participation. Our local league position urges:

Regular use of "secret ballot"
by paper ballot, machine or the Internet (if permitted
by the state in the future)

Providing an additional
opportunity to vote, such as on the Saturday following
the Town Meeting. Such a provision is used in
Wilton.

Finally, the current charter
requires that the Town Budget Meeting begin at
8:30pm. An earlier start time would encourage
increased voter participation.

The committee will meet next on Thursday,
June 26, at 8pm. We encourage citizens to attend.

KATHLEEN FAILLAWeston League of Women VotersPresidentJune 23

Previously...Statement to the Charter Revision
Commission, Thursday, May 29, 2003

I am Helen de Keijzer speaking on behalf
of the League of Women Voters of Weston. We thank you
all for committing to the task of reviewing and
recommending possible revisions of Weston’s Town Charter
to the Board of Selectmen and the community.

It is our understanding that your
Commission has been asked to focus, at least at the
outset, on Town Charter section 2.7. Our League has not
had the occasion to conduct an in-depth study of this
particular section, its implications, or, of course, the
implications of any potential changes in its provisions.

However, in general terms, we can say
that section 2.7 (and 2.6 as well) address an essential
need for citizens to call into question and review
important town decisions. A clear mechanism for such a
citizen review is a crucial feature of our Town Charter.
Town legislators, i.e., eligible voters, must continue
to have the power to ask that a town meeting be
convened. To promote good government decision-making, it
will be critical for your Commission to find a balance
between the essential and appropriate right of citizens
to call for a review of town government decisions, as,
for example, because of changing circumstances, and the
need of the town to check potential abuse of such a
provision.

Our local League archives are full of
minutes of meetings that discuss drafting of the Town
Charter and, later, Charter revision. One topic
repeatedly addressed was the need to carefully and
clearly define powers of the legislators and the
administrators, and an important recurring theme was the
concern for checks and balances. Safeguarding an
appropriate and effective balance of power was
considered to be of utmost importance.

The Town Charter was last revised
twenty-four years ago in l979. Since Weston’s
population has increased significantly during the
intervening time, and since new issues arise in any
growing, changing community, an extended comprehensive
review rather than a short limited one may well be
appropriate at this time. Of course, as you review the
charter, providing on-going opportunities for public
comment will assure the best possible result.

As you begin your work, in addition to
your consideration of section 2.7, the League would like
you to consider two League positions of potential
relevance to a more comprehensive charter revision
process if you should decide to undertake or recommend
one.

As some of you know, local League
positions are established only after a League study and
member consensus process is completed. The two positions
I bring to your attention are Voter Participation in
Weston Town Meetings, adopted in 2001, and Ethics in
Government, adopted in 1995. We have made copies of both
for your reference.

First, on the basis of our position on
Voter Participation in Weston Town Meetings, we
recommend consideration of charter revisions that would
fostor regular use of a means of private voting as well
as a more flexible opportunity for voter participation.

Our position urges:

• Regular use of “secret ballot” by
paper ballot, machine, or on the internet (if permitted
by the state in the future). The privacy of the ballot
form of voting eliminates potential voter concerns about
the opinions of others attending a Town Meeting and
minimizes potential voter intimidation surrounding
contentious issues.

• Providing an additional opportunity to
vote, such as on the Saturday following the Town
Meeting. This is a procedure used in Wilton in an effort
to afford as many ‘legislators’ as possible an
opportunity to vote. It accommodates the traveling
business person, older citizens more comfortable going
out during the day, and others simply unable to attend
on the particular Town Meeting day. Such an arrangement
can potentially even provide for absentee ballots though
only on a limited basis.

Simply put, the League’s Voter
Participation Study suggested that in the towns studied,
votes taken by referendum attracted a higher percentage
of town voters. Weston Town Meetings where “secret
ballots” were not used typically averaged well below 10%
voter participation.

It is also relevant to mention that
during study discussions, we were concerned that the
Annual Town Budget Meeting (ATBM) is required by charter
to begin at 8:30 p.m. It was felt that an earlier start
time would encourage increased voter participation and
would also allow for the possibility of more discussion
before triggering (at 11:00 p.m.) a second night of
deliberations as currently required. Charter review
provides an opportunity to reconsider these
requirements.

The second position we wish to bring to
your attention is Ethics in Government (1995).As you will see, many of the
recommendations made in this position have already been
put in place. The Board of Ethics was established by
resolution of the Board of Selectmen in December 1996.
Perhaps it will be appropriate at this time to add this
Board to Article 7: Appointive Officers, Boards and
Commissions as the League of Women Voters recommended in
1965 as part of their study of the adoption of a town
charter. It may also be an opportunity to state clearly
the duties of the board and possibly to broaden it’s
charge.

Thank you for the opportunity to share
our views. We look forward to further public debate on
this important project.

Helen de Keijzer and Lucy Bowdenco-presidents, League of Women
Voters of Weston